### June 18, 

### 2015 U.S. DepartmentofTransportation Docket Management System West Building, Ground Floor, Room w12-140 1200 New JerseyAve, 

### SE Washington, D.C. 20590 Re: Exemption requestpursuantto Section 33 ofthe FAA Reform act and the sections of 14 CFR as follows: 91.7(a), 91.103, 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), 

### 91.417 ((a) & 

### (b) Dear Sir orMadam, Iam a photographerproviding commercial services to individuals and businesses in the form ofphotography, videography, image retouching and enhancement, and related services. Ialso do personal projects whose work may subsequentlybe offered for sale. As with videography, low level aerial photographyhas become a necessarytool to remain competitive in mybusiness. The recentavailability of inexpensive unmanned aircraft systems (UAS) has made the abilityto offer aerial imaging economicallyviable for people like me. So, 

### Iam requestingthe FAA provide the exemption appropriate for me to do so. Although these VAS's 

### are an affordable wayto offer aerial imaging, theyrepresenta significantinvestmentfor an individual and iflost or damaged for anyre.ason, and 'suc;,h loss not only affects my ab,ility to
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### si~ply'avoid any conditions thatrepresentunnecessaryriskto people, property, or my equipment. Further, customers expect my services to be completelyfree ofanykind ofrisk, as my business relies onmy reputation for quality, timeliness and safety. Ialways conduct preflightinspection and calibration to ensure not onlythatthe UAS is prepared for flight mechanically, but.also thatall ofits safety and flight control systems are operative, thatithas sufficientpowerbudgetto perform thetaskwith ample reserves for safe return, and thatits fail-safe "return to home" feature is activated.

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1In all the flights Ihave conducted as a hobbyist, Ihave never had a single incidentof loss ofcontrol or crashes ofanykind. Ibelieve attentionto the details ofsafe flight are the reason. Therefore, pursuantto Section 333 ofthe FAA Modernization and Reform Act of 2012 (FMRA), I am applyingfor an exemption from the Federal Aviation Regulations (FARs) to allow commercial operation ofmyUAS, a DJI Phantom 2 Vision+ V3, under the conditions described inthis request, and any others that maycome from you as a result ofbeinggranted the exemption. 

### Name andAddress ofApplicant Michael J. Knudsen 14 BirkdaleWay Trabuco Canyon, CA 92679 Tel: 949-887-4322 (mobile) Email: mike@mikeknudsenphotography.com 

### Regulations From Which Exemption is Requested 91.7(a), 91.103, 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### &(2), 91.417 ((a) 

### & (b) 

### The ExtentofReliefandthe Reason ISeekthe Relief I submit this application in accordance withthe Reform Act, 112 P.L. 95 §§ 331-334, seeking relieffrom any currently applicable FARs that would prevent me from commercially operating my UAS withinthe national airspace system. The Reform Act in Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is inthe public's interest to do so. My very light weight UAS meets the definition of"small unmanned aircraft" as defined in Section 331 and therefore the integration ofmy UAS is expressly contemplatedby the Reform Act. The Reform Act guides the Secretary in determining the types ofUAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities ofthe UAS's; Whether the UAS will be operated near airports or heavily populated areas; and, whether the UAS will be operatedby line ofsight. 112 P.L. 95 § 333 (a). Each ofthese items is consistent with an exemption for me. My UAS has four (4) counter-rotating, selflocking propellers for balance, control and stability. Itis equipped with GPS , inertial compass, and auto return safety technology, in the event of depleted power reserve or loss ofcontrol signal. Itweighs less than five (5) pounds (far belowthe maximum 55 pound limit), and carries no deliverable payload. My UAS carries the latest factory provided control algorithms, which include prohibition from operating at more than 400 feet AGL, or operating near any Class A orB airport. It has a maximum speed of35 miles perhour. Finally, I am seeking reliefsimilarto, and in no way exceeding the reliefgranted in Exemptions Nos 11062, 11109, 11112, and 11213, among others, except for those

2specific items pertaining to licensed pilots, since I submitthe reliefI request is similar in all othermaterial respects to those. How My Request Would Benefit the Public as a Whole The public would benefit in a number ofways. First, aerial photography provides a unique viewing experience, previously only available at great cost to the public. Using a UAS for the same purpose offers a similar enhanced view for dramatically less cost, enabling many more people to enjoy such enhanced viewing for both leisure and business use. Second, conventional methods, using manned aircraft such as helicopters, represent significant noise and disruption to the surrounding environment and residents. UASs, by comparison are virtually silent. Third, conventional manned aircraft are limited to an altitude floor of500 feet, limiting the quality and resolution ofthe images without significant further investment in sophisticated camera equipment, again limiting its widespread accessibility to the public. Fourth, my UAS is battery powered, and uses an infinitely small amount ofpower for the typical photographic mission. Energy consumption, carbon footprint, and pollution are virtually non-existent comparedto the same mission perform by a conventional manned aircraft. Further, a UAS takes offand lands directly at the point ofuse, rather than from a distant airport, which only increases the consumption offossil fuel, carbon footprint, and pollution problem. Fifth, this new technology allows for the many more applications thus enhancing the

**~;:trning** power ofthose inthe profession, attracting more into the profession, thereby enhancing the national economy, with no adverse effects on the environment. Finally, while both communities (manned aircraft and UASs) operate with safety as a first priority, accidents involving manned aircraft are orders ofmagnitute more serious in terms ofhuman risk, property damage, and collateral damage. The primary risk in a UAS accident is loss ofthe aircraft. Dueto their small size, light weight, absence ofany combustible fuel, and slow speed, they are simply incapable ofcausing the kind of damage a manned aircraft can. This significant reduction in risk while proving enhanced quality oflife is ofsignificant benefit to the public. Reasons why the exemption would not adversely affect safety, or how the exemption would provide a level ofsafety at least equal to the existing rule Safety with regard to other aircraft is not affected for the following reasons. First, my UAS (a DJI Phantom2 Vision+, V3) is electronically limited to a maximum altitude of400 feet, AGL, while all other conventional aircraft are limited to a minimum altitude of500 feet AGL, providing a 100 foot buffer, eliminating the risk ofcollision in flight. So, level ofsafety is equal to current law.



### 3Second, built in control algorithms prohibit my UAS from flight near all Class A & B airports in the NAS, eliminating the risk oflow level collision during takeoffand landing. So, the level ofsafety is equal to current law. Third, I always fly within clear line ofsight, and therefore am well aware ofpeople, obstacles, vehicles, and other obstructions, and in full control at all times. This exemption would add no safety risk to the current lawthat allows similar hobbyist use. Safety with regard to people and property on the ground is at least equal to current law for the following reasons. First, in the event ofpilot incapacitation, the UAS stops and hovers in space using its GPS lock to maintainposition. Itremains there until a low fuel or loss ofcontrol condition surfaces. This is safer than current law, since pilot incapacitation usually means loss ofcontrol for manned aircraft. Second, in the event oflow fuel (battery charge), the UAS automatically returns to its takeoffpoint without input from the operator. Manned aircraft do not have this feature. This is clearly saferthan current law. Third, in the event ofloss ofGround Station Control (GSC) signal, my UAS is programmed to automatically return to its original takeoffpoint, unless control is recovered by the pilot. Since manned aircraft do notpossess this capability, safety is at least equal to current law. Regarding impact ofan accident, the combination ofprobability and consequence must .be considered. Inthe event ofa manned aircraft accident, the size, speed, and fuel payload ofa conventional manned aircraft are many orders ofmagnitude larger than a UAS. So, there are always serious consequences ofan incident to ground people, property, passengers, and crew. All personnel onboard the aircraft are put in mortal danger. The small size (less than one cubic foot envelope), light weight (less than five pounds), relatively slow operating speed (less than 35 MPH), and remote control nature ofan UAS renders any impact ofa crash trivial by comparison. The primary risk is to the UAS itself. Ifthe choice is taking aerial photos from a manned aircraft or a UAS, the UAS is therefore vastly safer for such work, and certainly no less safe than current law, and no less safe than hobbyist use for similar purpose. The enablement ofcommercial use ofa UAS for the same purposes- i.e. aerial photography -as current lawpermits for hobbyist use is in every respectjust as safe, since all material operating environments, conditions, and procedures are the same. I will not operate outside those existing restrictions. The operator is simply receiving compensation.

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### Specific Section or Sections of 14 CFRfrom which I am seeking Exemption and reasons 14 C.F.R. § 91.7 (a) Civil aircraft airworthiness (a) No person may operate a civil aircraft unless it is in an airworthy condition. Since no FAA regulatory standard exists for determining airworthiness ofthe UAS, I request an exemption. I will employ all calibration and safety checks prescribed by the manufacturer priorto every flight. 

### 14 C.F.R. § 91.103: Preflight Action Section 91.103 requires each pilotto preflight an aircraftbefore flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be used, an exemption is requested. However, an equivalent level ofsafety will be provided. I will take all actions, including reviewing weather, flight battery requirements, landing and takeoffdistances, and aircraft performance data before commencement offlight. 

### 14 C.F.R. §91.119(c): Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 provides, in pertinentpart, that: "

... exceptwhen necessary for takeofforlanding, no person may operate an aircraftbelow the following altitudes:

..... (b) Over otherthan congested areas. An altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure." Because I request authority to operate at altitudes only up to 400 feet AGL, I am asking for an exemption is needed to allow such operations. 

### C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set: "

... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." My UAS may nothave a barometric altimeter, but instead a GPS altitude read out, I am requesting an exemption. An equivalent level ofsafety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

### 14 C.F.R. § 91.151(a): FuelRequirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individualfrom beginning: "aflight in an airplane under VFR conditions unless (consideringwind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) Duringthe day, to fly after that far at least 30 minutes; or (2} At night, to fly afterthat for at least 45 minutes." The battery powering the UAS provides approximately 25 minutes ofpowered flight. The 30 minute reserve requirement in 14 CFR §91.151, is outside its total flying time capacity. However, the UAS is programmedto automatically return to its launch point when battery power drops to a leveljust sufficient for such return. Given this UAS



### 5feature and the flight time limitations on the UAS, I am requesting an exemption. 

### 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinentpart: (a) Except as provided in§ 91.715, no person may operate o civil aircraft unless it has within itthe following: {1} an appropriate and current airworthiness certificate. {b) No person may operate o civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91. 715 is displayed at the cabin orcockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weigh is no more than 5 lbs and is operated without an on board pilot. As such, there is no ability or place to carry certification and registration documents or to display them onthe UASs. Nor are there passengers or crew to viewthem. I will offer similar identification by keeping appropriate documents at the ground control point to the extent they are applicable to the UAS. Therefore I request an exemption. 

### 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & 

### (b): Maintenance Inspections These regulations require that an aircraft operator or owner: "shall have that aircraft inspected as prescribed in subpartE ofthis part and shall between required inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

... ," and others shall inspect or maintain the aircraft in compliancewith Part43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. I will perform all maintenance pursuantto the flight manual and operating handbook. An equivalent level ofsafety will be achieved because these UAS are very limited in size and will carry no deliverable payload. Ifmechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. I will ensure that the UAS is in working orderprior to initiating flight, perform required maintenance, and keep a log book ofany maintenance performed. The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy conditionto provide the equivalent level ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the operator will ensure that the UAS is in working order prior to initiating flight and perform required calibration and maintenance needed. 

### SUMMARY FOR PUBLICATION Michael J. Knudsen seeks an exemption from the following rules, 91.7 (a); 91.103;91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(l) and (2); 91.417(a) &(b).
to operate commercially a small unmanned aircraft system (UAS) for aerial photography and videography. Approval ofexemptions allowing UASs commercial operations in the

6areas listed above will enhance safety by reducing risk. A UAS weighing fewer than 5 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried onboard traditional aircraft performing the same function. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation ofsmall UAS conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements ofPart 21 and allowing commercial operations. These UASs operate at very slow speeds, close to the ground, as aresult, are far safer than conventional operations conducted with conventional aircraft operating in close proximity to the ground and people. Privacy As a photographer, I am already aware ofthe need to respect the privacy ofpersons, their likenesses, and private property. I obtainpermission in advance and model releases where needed, for any work involving private property, and commercial use ofimages. Summary I respectfully submitthat satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security) provide more than adequatejustificationto grant me the requested exemption. Ifyouhave any questions or need additional information or clarification ofany information contained herein, please contact me as follows: Michael J. Knudsen 14 Birkdale Way Trabuco Canyon, CA 92679 Tel: 949-887-4322 (mobile) Email: mike(mmikeknudsenphotography.com I will respond promptly. Thank you very much.

Michael J. Knudsen

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